Britney Spears wants to have more children. But her father is her guardian and does not allow her to remove her IUD. One expert considers such a case to be unthinkable in Switzerland.
Britney Spears has been under her father’s tutelage for 13 years.
On June 23, she described her life under her father’s control in the Supreme Court.
This prevents her from getting pregnant.
An expert explains why he thinks this is unthinkable in Switzerland.
“I want my own money, I want my boyfriend to take me in his car – and to be honest, I want to be able to sue my family.” For the first time in her 13-year tutelage, Britney Spears spoke publicly on June 23 of this year before the Supreme Court in Los Angeles about her life under her father’s control.
Under absolute control
In her hearing, which was streamed live, Spears gave the general public an intimate glimpse into her life. The 38-year-old was forced to go on several tours and had to work seven days a week. She had to hand over her passport, credit cards and money.
Physically, too, she seems to be under the absolute control of her father: when she did not “cooperate” immediately, he was said to have put her on strong medication “out of nowhere”. Under their influence, it was difficult for her to speak. The most shocking detail: the father also prevented her wish for another pregnancy.
“Unthinkable in Switzerland”
Britney Spears came of age 13 years ago after suffering a breakdown. Her father has since forbidden her to have her IUD removed. «I am traumatized. I just want my life back, ”said Spears.
Guido Marbet is chief judge in the canton of Aargau and was President of the Conference for Child and Adult Protection (KOKES) until the end of 2020. “Such a case would be unthinkable in Switzerland,” he says. “I rule out that someone can be completely deprived of independence due to a nervous breakdown.” A complete withdrawal of the ability to act, as evidently in the case of the American singer, contradicts the objective and conception of the Swiss adult protection law to one hundred percent.
If Spears had suffered her collapse in Switzerland, Marbet can imagine that an assistant would have been used to accompany them. “After a hazard report, the authority examines the individual resources of the potentially endangered person.” In the case of Spears, a so-called “tailor-made” support, that is, assistance from someone of her choice, would have been conceivable, according to Marbet. “Only if medical information was available that she was not ready for therapy despite medical indications would she have had to be deprived of her ability to act in this regard.”
It is also obvious that there is a conflict of interests between Britney Spears and her father, according to Marbet. “The assistance has the task of supporting the endangered person in their will and their development, and must therefore certainly not stand in the way of artistic creativity and must pay attention to health resources.”
With Spears’ father as her manager with his own economic interests, there is obviously a risk of collision with her interests: “He is endangering her sanity by disregarding her will and forcing her to work for his own benefit,” says Marbet. “If there is a suspicion that the will of a person in question runs counter to the will of the person at risk, this person is out of the question.”
The so-called protective measures are only ordered in the areas in which the reported person needs help, according to Marbet. “In Switzerland, the measures that were used against Britney Spears correspond to comprehensive assistance. This can result in the complete loss of the ability to act. Even then, however, the person’s assistance cannot prevent them from becoming pregnant. ” When it comes to decisions that would affect one’s own body, one speaks of “absolute rights”. “Under no circumstances can an adviser in Switzerland act as a representative.”
Clarification of assistance
The choice of assistance in Switzerland is largely in the hands of the person at risk, says Marbet. “But Spears could also lodge a complaint against the father in retrospect.” In Switzerland, a check is made every two years to see whether the assistance is still necessary, according to Marbet. “But even during this two-year period, the person can request a review at any time with assistance. Then the responsible adult protection authority has to clarify the matter. “
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